Right to freedom of opinion and expression.

1992/22.
Right to freedom of opinion and expression

The Commission on Human Rights, Guided by the Universal Declaration of Human Rights, which affirms the right to freedom of opinion and expression, Mindful of the International Covenant on Civil and Political Rights, which reaffirms, in article 19, the right of everyone to hold opinions without interference, as well as the right to freedom of expression, and states that the exercise of the right to freedom of expression carries with it special duties and responsibilities and may therefore be subject to certain restrictions, but that these shall only be such as are provided by law and are necessary for respect of the rights or reputations of others, or for the protection of national security or of public order (ordre public), or of public health and morals, Mindful also that the International Covenant on Civil and Political Rights states that any propaganda for war or any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law, Taking note of Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1983/32 of 6 September 1983, Recalling its resolutions 1984/26 of 12 March 1984, 1985/17 of 11 March 1985, 1986/46 of 12 March 1986, 1987/32 of 10 March 1987, 1988/37 and 1988/39 of 8 March 1988, 1989/31 of 6 March 1989, 1989/56 of 7 March 1989, 1990/32 of 2 March 1990 and 1991/32 of 5 March 1991, Taking note of the preliminary report on the right to freedom of opinion and expression (E/CN.4/Sub.2/1990/11). submitted to the Sub-Commission at its forty-second session by the Special Rapporteurs, Mr. Louis Joinet and Mr. Danilo Türk, Taking note also of the update of the preliminary report on the right to freedom of opinion and expression (E/CN.4/Sub.2/1991/9), submitted to the Sub-Commission at its forty-third session by the Special Rapporteurs, Recalling Sub-Commission resolution 1991/39 of 30 August 1991, in which the Sub-Commission took note with appreciation of the updated preliminary report prepared by the Special Rapporteurs and invited them to submit a report at its forty-fourth session, Noting the reference in the preliminary report of the Special Rapporteurs to the link between violations of the right to freedom of opinion and expression and violations of other fundamental rights, such as the rights to liberty, security, life, privacy, peaceful assembly, protection against torture, and freedom of movement and religion, Noting also that in the updated report, the Special Rapporteurs paid particular attention to the question of freedom of opinion and expression in the context of the struggle against racism and in time of armed conflicts, Noting further the importance and relevance to the protection of the right to freedom of opinion and expression of work being undertaken on the drafting of a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect human rights, and welcoming the fact that the working group completed the first reading of the draft declaration at its pre-sessional meeting from 13 to 24 January and on 18 February 1992 (E/CN.4/1992/53 and Corr.1, annex I), Considering that the effective promotion of the human rights of persons who exercise the right to freedom of opinion and expression is of fundamental importance to the safeguarding of human dignity,

1. Expresses its concern at the extensive occurrence in many parts of the world of detention of, or discrimination against, persons who exercise the right to freedom of opinion and expression as affirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

2. Also expresses its concern at the extensive occurrence in many parts of the world of detention of, and discrimination against, persons who exercise the intrinsically linked rights to freedom of thought, conscience and religion, of peaceful assembly and freedom of association, and the right to take part in the conduct of public affairs as affirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

3. Further expresses its concern at the extensive occurrence in many parts of the world of detention of, or discrimination against, persons who seek to promote and defend these rights and freedoms;

4. Welcomes the release of persons detained for exercising these rights and freedoms and encourages further progress in this regard in all parts of the world;

5. Appeals to all States to ensure respect and support for the rights of all persons who exercise the rights to freedom of opinion and expression and the rights to freedom of thought, conscience and religion, peaceful assembly and association, and the right to take part in the conduct of public affairs, or who seek to promote and defend these rights and freedoms and, where any persons have been detained solely for exercising these rights as laid down in the International Covenant on Civil and Political Rights, to release them immediately;

6. Also appeals to all States to ensure that persons seeking to exercise these rights and freedoms are not discriminated against, particularly in such areas as employment, housing and social services, or harassed;

7. Invites the Working Group on Enforced or Involuntary Disappearances, the Working Group on Arbitrary Detention and the Special Rapporteurs of the Commission to pay particular attention, within the framework of their mandates, to the situation of persons detained, ill-treated or discriminated against for having exercised the right to freedom of opinion and expression;

8. Invites the Special Rapporteurs of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mr. Louis Joinet and Mr. Danilo Türk, to continue their work, to take into account the comments made on the updated report at the forty-third session of the Sub-Commission and to submit a final report to the Sub-Commission at its forty-fourth session, which should include conclusions and recommendations;

9. Requests the Secretary-General to provide the two Special Rapporteurs with all necessary assistance to fulfil their mandate;

10. Decides to review this matter at its forty-ninth session, on the basis, inter alia, of the report of the Special Rapporteurs submitted to the Sub-Commission at its forty-fourth session and any decisions adopted by the Sub-Commission in this regard.

47th meeting
28th February 1992
[Adopted without a vote. See chap. X.]